Former INLA member Dessie O'Hare, known as 'The Border Fox', is appealing a seven‑year sentence imposed by the Special Criminal Court for falsely imprisoning a family in South Dublin. O'Hare, 63, was convicted of assaulting John Roche on 9 June 2015 and of falsely imprisoning Martin Byrne, his wife and son, on the same date. He received a three‑year term for the assault and a ten‑year term with three years suspended for the false imprisonment, the sentences running concurrently. The Court of Appeal has scheduled his hearing for 14 December. O'Hare's barrister, Mark Lynam BL, confirmed the client's intention to attend. He has prior convictions, including a 40‑year sentence in 1988 for false imprisonment and assault of a dentist, and firearm offences. The appeal concerns the length of the sentence, not the conviction itself. The case remains at the appeal stage. Dessie O'Hare pleaded guilty. Border Fox pleaded guilty.
Liam Campbell, 58, who was found civilly liable for the 1998 Omagh bombing, has been granted leave by the High Court to appeal an extradition order that would surrender him to Lithuania to answer charges of international weapons trafficking. The extradition request is based on a second European Arrest Warrant issued by Lithuanian authorities, the third overall attempt to secure his surrender. Campbell was arrested in Dundalk on 2 December 2016 under the warrant, which alleges he organised the smuggling of firearms and explosives for the Real IRA between late 2006 and early 2007. The High Court, in a judgment delivered electronically on 26 June, confirmed that an order for his surrender may be made and granted him 10 days to file an appeal before the 25‑day surrender deadline. The appeal focuses on a legal question about whether an intention to put someone on trial is the same as actually putting them on trial.
Barry McArdle, 34, of Drimnagh, was arrested in Galway on 1 July under a European Arrest Warrant (EAW) after a High Court decision earlier that year found a previous EAW invalid. McArdle had been sentenced in absentia by the Amsterdam Court of Appeal to 12 years and three months imprisonment for manslaughter in the death of Keith Ennis, 29, in 2017. He had previously served a two‑year sentence for disposing of Ennis's body and was acquitted of the stabbing in Rotterdam in 2009, though that acquittal was later overturned. At the bail hearing, Garda Detective Eoin Kane presented evidence that McArdle had 19 prior convictions, including possession of €1 million of diamorphine, and had previously failed to attend bail and court appointments. Mr Justice Paul Burns found McArdle a flight risk, rejected his bail application, and remanded him in custody until the full extradition hearing on 20 July.
John Murphy, aged 46, was sentenced to ten years in prison for the repeated rape and sexual abuse of his younger brother over a decade, from 1988 to 1997, in a Cork town. He pleaded guilty to twelve counts, including three of oral rape, at the Central Criminal Court. Justice Micheal White set a headline sentence of 13 years, reduced to ten in consideration of Murphy's admissions and guilty pleas, and suspended the last two years on conditions. Murphy appealed the severity of the sentence to the Court of Appeal, arguing that the judge had overemphasised the breach of trust and the length of abuse as aggravating factors. The State, represented by Tim O'Leary SC, maintained that the 10‑year period justified the more serious category and that the headline sentence was appropriate. The Court of Appeal reserved judgment. The victim, now in his 40s, waived anonymity and testified that the abuse had a devastating impact on his life.
The Court of Appeal has ruled that the 17‑year‑old who attempted to murder Stephanie Ng must be re‑sentenced before his 18th birthday to avoid unknown legal implications. The Central Criminal Court had originally sentenced him to 11 years' detention with a review after five years, but the State appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed, noting the premeditated nature of the offence and the high end of the spectrum for attempted murder. The case was adjourned to the end of the month to allow an up‑to‑date psychiatric report. Justice George Birmingham granted the boy a physical hearing on 28 July, stating it was highly desirable to proceed before he turns 18. The boy, who met Ng on the Whisper app and pretended to be 19, lured her to an isolated area, choked her, and slashed her neck with a knife.
The Court of Appeal has dismissed an appeal against the severity of the sentence imposed on Donal Billings, a 70-year-old pensioner from County Longford. Billings was found guilty by the Special Criminal Court in 2016 of possessing an explosive substance at Longford railway station car park on May 16, 2011, during Queen Elizabeth's state visit. He was also convicted of making false reports that bombs had been placed at Busáras, Sinn Féin's headquarters, Cork airport, and Dublin Castle. The court upheld his eight-and-a-half-year sentence, describing it as "very lenient." Presiding Judge George Birmingham, sitting with Justices Marie Baker and Patrick McCarthy, stated there was no merit in the appeal and declined to increase the term. Billings, who attended remotely from Portlaoise Prison, had previously lost an appeal against his conviction regarding Irish language rights. His barrister, Gerard Humphreys SC, cited his client's age, health difficulties, and cooperation during the trial. The court noted that the explosive device, comprising gunpowder and petrol, was placed on a public transport vehicle, recklessly exposing passengers to significant risk. The judges concluded that while the sentence was lenient, they would not intervene to increase it. The matter was not adjourned; the appeal was dismissed.
The Court of Appeal quashed a man's conviction for sexual assault and ordered a retrial after discovering that one of the jurors who found him guilty was related to the victim in a separate defilement case. The man had previously pleaded guilty to defiling a child and was serving that sentence when he was tried for sexual assault at a circuit criminal court. The jury returned a unanimous guilty verdict. After the trial, relatives of the defendant informed his legal team that a juror was a relative of the child‑defilement victim. The judge instructed the Gardaí to investigate, and they confirmed the relationship. The defendant's legal team appealed, arguing that the conviction was unsafe and that he was entitled to an unbiased jury. The State did not oppose the appeal.
The Court of Appeal has increased the sentence of a 39-year-old man who pleaded guilty to multiple counts of rape, sexual assault, and sexual exploitation of his eight-year-old niece. The offences, which occurred between November 2018 and January 2019, involved grooming and were described by the court as heinous, cold, and premeditated. The Director of Public Prosecutions appealed against the original eight-year effective custodial term, arguing it was unduly lenient for abuse of the most depraved kind. The man's counsel argued that his surrender to gardai at Dublin Airport and lack of physical violence warranted the original discretion. Justice Kennedy, sitting with Justices Birmingham and McCarthy, found that the sentencing judge had erred. The court quashed the previous sentence, determining that the appropriate starting point was 15 years. However, considering mitigation factors including his guilty plea, remorse, and previous good character, the court reduced the total sentence to 10 years. Unlike the previous ruling, no portion of this sentence was suspended. The court also ordered five years of post-release supervision. The matter was concluded with this finalised appellate decision.
A 29‑year‑old Italian man was sentenced to two‑and‑a‑half years in jail for sexually assaulting his flatmate while she slept on a couch in their Dublin home on 27 April 2018. He pleaded guilty at Dublin Circuit Criminal Court in January. The Court of Appeal found the original sentence excessive and reduced it by six months, leaving a final term of two‑and‑a‑half years with six months suspended. The judge accepted the man's expressions of shame and remorse but deemed a jail term necessary due to the severity of the offence and the victim's trauma. A condition was imposed requiring the man to stay away from the victim for four years. The appeal was heard by Justices Birmingham, McCarthy and Kennedy, who set the headline sentence at four years before applying the suspension and condition. The case remains at the appeal stage.
In a 2020 appeal, a 52‑year‑old man named Thomas Bates, originally from Liverpool, sought to have his 2019 conviction for conspiring to possess firearms, ammunition and explosives set aside. Bates was convicted of conspiring with others to acquire illicit items from the United States via the Darknet between 24 October and 10 November 2017. The trial judge sentenced him to seven years' imprisonment, with the final year suspended. The case involved a covert operation where Gardaí received three packages containing inert hand grenades, a decommissioned Glock pistol and dummy rounds, delivered to an address on Abbey Street, Cahir. Bates accepted the packages, claiming they were for his son, a claim later found false. The appeal argued that the trial judge erred by allowing anonymous FBI evidence, admitting a hearsay document, and failing to direct the jury on the evidential value of the alleged conspiracy.
A County Mayo man has failed in his appeal against a seven-year prison sentence imposed for the sexual abuse of three sisters over an eighteen-year period. The 65-year-old, whose identity is protected to safeguard the victims' anonymity, was convicted in October 2017 by jury at Mayo Circuit Criminal Court on nineteen counts of indecent assault against one sister and one count each against her two siblings. The abuse began in 1976 when the victims were aged between nine and twelve years old, with the final incident occurring in 1994. The Court of Appeal, presided over by Justice John Edwards, had previously upheld the conviction. In today's ruling on the sentence appeal, the court found the seven-year concurrent sentence was both just and appropriate, adequately reflecting the gravity of the offending. The judges expressed satisfaction that no error had been made in sentencing and dismissed the appeal.
In a Court of Appeal hearing, the sentence of 11 years' detention imposed on a 15‑year‑old who attempted to murder a 25‑year‑old woman was found to be too lenient. The teenager, who met the victim on the Whisper app and pretended to be 19, lured her to an isolated spot on the Sea Front, Queen's Road, Dun Laoghaire, where he choked her and slashed her neck with a knife. He was convicted in November 2019 and has been in custody since December 2017, with a review set for 1 January 2023. The Director of Public Prosecutions appealed on the grounds of 'unduly leniency', arguing that the five‑year review did not reflect the gravity of the offence. The Court of Appeal concluded that the sentence was inadequate and that the offence, with its planning and premeditation, should be seen at the high end of the attempted‑murder spectrum.
The Court of Appeal has dismissed the appeal of Damien Metcalfe (34), upholding his conviction for membership of an unlawful organisation, the IRA. Metcalfe was found guilty by the Special Criminal Court in November 2015 and sentenced to two years and six months in May 2019. The trial court found that he played a supporting and logistical role in IRA interrogations of suspected informants at Riverwood Park, Castleknock, in August 2015. The appellate court rejected arguments that the opinion evidence of Chief Superintendent Anthony Howard should have been excluded, stating the remaining evidence was "cogent in the extreme." The court also upheld the trial judge's findings regarding Metcalfe's presence and participation. In a separate matter mentioned in the report, Conor Metcalfe (28), Damien's brother, was previously found guilty of IRA membership by the three-judge court in December 2018 and jailed for four years and six months. The Court of Appeal also recently upheld the convictions and sentences of five other individuals involved in the same Castleknock inquiries, rejecting appeals from both the defendants and the DPP regarding the severity or leniency of their respective sentences.
Brandon Abrahams, a 28‑year‑old South African, had pleaded guilty in Cork Circuit Court to selling fraudulently acquired high‑end mobile phones online. In June 2018 Judge Gerard O'Brien sentenced him to five years, suspending the last four years on the condition that he leave Ireland within three months of release. Abrahams failed to leave, so Judge Seán Ó Donnabháin re‑activated the suspended sentence and sent him back to jail in November to serve the remaining four years. His appeal to the Court of Appeal was dismissed, with the court agreeing that the activating court had little choice.
In a burglary of stables outside Mullinahone, Co. Tipperary, 27‑year‑old Owen Kirwan and two others entered a tack room where horse owner Miguel Gunn was lying on a couch with a mare in foal. Kirwan was caught "red‑handed" by Gunn, who had a pitchfork for self‑defence. Kirwan threatened that "20 lads" would return to "burn you out" if he was not let go, and later admitted the offence after a voicemail recording was played. He had pleaded guilty to burglary and threat to damage property. Judge Tom Teehan at Clonmel Circuit Court imposed a seven‑year sentence, with two and a half years suspended. Kirwan appealed to the Court of Appeal, arguing the sentence was disproportionate, but the appeal was dismissed by Justice Patrick McCarthy, Court President George Birmingham and Justice Isobel Kennedy. The appeal was refused.
The Court of Appeal dismissed the appeal of a 46‑year‑old man who had been jailed for defilement, sexual exploitation of a child and three counts of sexual assault against his partner's 13‑year‑old daughter. He had pleaded guilty to the offences, which occurred between September 2014 and August 2015, and had six prior convictions, including a 1993 sexual assault. The Central Criminal Court had heard that he was in a relationship with the girl's mother at the time of the abuse. The girl, who was not named to protect her identity, testified that she had initially seen the man as a father figure but that he began kissing her, sending sexualised text messages and escalating the abuse. She described feeling love and trust, then sadness and isolation, and ultimately declared herself a survivor.
A woman from Riverstown, County Sligo, has had her prison sentence increased by the Court of Appeal following a challenge by the Director of Public Prosecutions. The 23-year-old was convicted of dangerous driving causing the death of a pedestrian in Dundalk in October 2017. She had thrown a sauce carton into another vehicle, prompting a high-speed chase through the town that resulted in both cars striking a 29-year-old man. The sentencing judge at Dundalk Circuit Court imposed three years imprisonment with two years suspended. The DPP appealed, citing undue leniency. Court President Justice George Birmingham ruled that the original sentencing judge erred in suspending an additional six months beyond what her co-accused received. The Court of Appeal re-sentenced her to three years with eighteen months suspended, requiring her to serve a greater proportion of her sentence than originally ordered. The unnamed 23-year-old pleaded guilty.
An alleged IRA member, Seamus Marley, aged 46, was convicted of raping two teenage boys in County Louth in the early 1990s. A Central Criminal Court jury found him guilty on six counts of sexual assault and two counts of rape after a six‑day trial in May 2019, and he was sentenced to seven years' imprisonment by Mr Justice Paul McDermott. Marley has now applied to the Court of Appeal for an extension of time to lodge an appeal, arguing that he was unaware of the 28‑day deadline and had misunderstood the need to appeal both the conviction and the sentence. He was held in 23‑hour lock‑up during his initial custody due to severe verbal abuse from other prisoners, who targeted him because of his alleged IRA membership and his conviction as a child rapist. The Court of Appeal has reserved judgment on the application.
A 53‑year‑old man lost his appeal against convictions for indecent assault on his younger sisters in the 1980s, but secured a reduction of his prison term by one year. He had pleaded not guilty to five counts against one sister, aged 11 or 12, when he was 14 or 15, and denied one count against his other sister, aged 12 or 13, when he was 18 or 19. The trial before the Circuit Criminal Court in Tipperary resulted in a guilty verdict and a sentence of five and a half years, with the final two years suspended. In the appeal, his barrister argued that the judge erred by admitting the appellant's 'no comment' answers to Gardaí, claiming this violated his right to silence and created an impression of evasiveness. The State countered that the interview had been edited to exclude such answers before the jury. The unnamed 53-year-old was found guilty.
Joseph O'Shaughnessy, 32, of Ballyfermot, travelled to Galway and carried out a spree of burglary, criminal damage and theft offences on 6 June 2019. He pleaded guilty to three burglary, three criminal damage and two theft offences in various Galway business premises, causing almost €90,000 of damage and stealing about €5,000 of goods. He was found under a table in a Woodies DIY store. Judge Rory McCabe sentenced him to six years in prison, describing the offences as an "orgy of burglary, theft and criminal damage" and noting that O'Shaughnessy had no legitimate reason to be in the city. O'Shaughnessy appealed, arguing that the judge had failed to impose proportionate sentences for each offence. The Court of Appeal, with Justice George Birmingham, Justice Patrick McCarthy and Justice Aileen Donnelly, quashed the original sentence and replaced it with a five‑year term. The new sentence was deemed proportionate by the DPP's counsel, Elva Duffy BL.
Mary Walsh has applied to the High Court for permission to sue An Post National Lottery Company, which is in liquidation, alleging negligence regarding advice given on her €3.3m Lotto win. The application before Ms Justice Teresa Pilkington is opposed. Mrs Walsh claims a lottery representative advised that gifts to others should be exempt from tax if those persons signed the winning ticket. She alleges she was not informed of the full implications, leading her and five others, including her stepson David Walsh and her late husband's nephew Kevin Black, to sign the ticket. This resulted in litigation against her. The company argues the application should have been filed when proceedings began in 2016 and that the claim is bound to fail given a prior High Court judgment critical of Mrs Walsh. Counsel for Mrs Walsh, John Shortt SC, argued she should be allowed to bring the claim after changing solicitors. The judge reserved her decision. In the underlying dispute, Mr Justice Humphreys ruled in 2017 that David Walsh was entitled to a one-sixth share of the ticket, ordering Mrs Walsh to pay him €560,000 plus costs. Mrs Walsh appealed, but in 2018 the Court of Appeal was informed the action was resolved entirely, with her appeal allowed as part of a settlement. Mrs Walsh had claimed David Walsh accepted her and her late husband Peter Walsh's house in lieu of €200,000, a claim he denied.
A retired doctor, aged 86, appealed his conviction for abusing seven boys over a 21‑year period up to 1992. He was jailed for four years in February 2023 after pleading not guilty to 12 charges of indecent assault and one charge of sexual assault during medical examinations beginning in 1971. Judge Martin Nolan sentenced him to four years for one count of indecent assault and 18 months for the remaining counts, with all sentences running concurrently. The judge described the offence as a "serious pattern of misbehaviour" and noted mitigating factors such as the doctor's age and health. The appeal, presented by barrister Hugh Hartnett SC, argues that the trial judge erred by telling the jury that multiple complainants constituted "compelling" evidence and by refusing to discharge the jury on several occasions. The Director of Public Prosecutions defended the trial's conduct, and the Court of Appeal reserved judgment.
Joseph McGrane, a 60‑year‑old Dublin fruit and veg seller, had his 12‑year conviction for 11 counts of indecent assault and seven counts of sexual assault upheld by the Court of Appeal. The offences, committed between 1985 and 1993, involved four young employees aged 13 to 18 and a 22‑year‑old woman. McGrane, who denied all charges, was found guilty by a jury in March 2019 and sentenced to 13 years' imprisonment, with the final year suspended. He appealed on grounds including alleged procedural errors, delays, and the handling of the indictment and jury directions. The Court of Appeal dismissed the appeal, affirming that the trial judge had given the jury clear instructions and that no injustice had occurred. The conviction and sentence remain in force.
Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The offences began when his daughters were about seven years old and continued twice weekly for ten years, largely in the family home. Byrnes, a retired taxi driver, denied all charges and claimed the prosecution had failed to properly address alleged fabrication and collusion by the complainants. He appealed on the basis that the trial judge had not adequately directed the jury on how to treat evidence from the two daughters. The Court of Appeal dismissed the appeal, noting that while a perfect trial is ideal, a fair trial is required. Byrnes was sentenced to eight years' imprisonment, with two years suspended, by Justice Paul McDermott in October 2018.
The Director of Public Prosecutions has appealed a suspended sentence imposed on a Roscommon man convicted of assaulting and falsely imprisoning his ex-partner at her home in Letterkenny, County Donegal on 5 May 2018. Stephen Connor, aged 43, of Tuam, Kilrooskey pleaded guilty to assault causing harm, false imprisonment and production of a knife. Letterkenny Circuit Court imposed sentences totalling four years but suspended the entire term. The DPP argues the suspension constitutes undue leniency given the severity of the offence, described by the sentencing judge as a protracted and brutal onslaught. Counsel for the prosecution submitted the sentence failed to reflect the domestic violence context or provide adequate general deterrence. Defence counsel contended the sentencing judge properly balanced personal and general deterrence considerations. The Court of Appeal, presided over by Justice George Birmingham, has reserved judgement.
The Director of Public Prosecutions appealed the entirely suspended sentence given to Eddie Farnan for a 'terrifying attack' on his partner, Lisa Power, which left her unable to lift her child and suffering whiplash. Farnan, 37, had pleaded guilty to assault and domestic violence on June 2, 2017, and was sentenced by Judge Karen O'Connor to two years and nine months, suspended in full under conditions. The DPP argued that the full suspension was unduly lenient, citing the severity of the assault, the presence of a child, the domestic setting, Farnan's continued violence and resistance to arrest, and changes in societal attitudes to domestic violence. The appeal was heard by the Court of Appeal, with Justice George Birmingham, Justice Patrick McCarthy and Justice Úna Ni Raifeartaigh reserving judgment. The case highlights the DPP's stance that a fully suspended sentence is insufficient for such domestic violence.
The Director of Public Prosecutions is appealing a sentence imposed on a Louth woman convicted of dangerous driving causing death. Eimear White pleaded guilty at Dundalk Circuit Court to causing the death of a pedestrian on the Old Newry Road in October 2017. Judge James McCourt sentenced White to three years imprisonment with the final two years suspended. The DPP has challenged the sentence as unduly lenient. The Court of Appeal has scheduled a hearing for 26th June, at which counsel indicated that relatives of the deceased wish to attend and that CCTV footage will be presented. The case concerns an incident in which a man was struck after exiting a taxi at Dowdallshill.
A father has appealed his conviction for the sexual assault of his 19-year-old daughter, which allegedly occurred on Christmas morning in 2018. The appellant, who cannot be named to protect his daughter's identity, was found guilty by a jury at Cork Circuit Court last year. Judge Brian O'Callaghan sentenced him to two years in prison. He had no previous convictions or allegations of sexual assault. His barrister, Sean Guerin SC, argued before the Court of Appeal that the trial judge erred in refusing to allow the defence to put a diary found in the complainant's room to her. The diary contained the words 'Hate Dad', which counsel contended evidenced 'pre-existing malice' and a potential motive for a false allegation. Mr Guerin further submitted that the judge erred in his treatment of corroboration, specifically by failing to warn the jury of the weakness of corroboration based on the complainant's demeanour. He noted she had consumed alcohol and that her upset could be explained by other factors. The DPP's counsel, Imelda Kelly BL, countered that the judge's ruling on the diary was preliminary and that the issue of corroboration was not raised with the trial judge after the charge. The appeal was heard by Court President Mr Justice George Birmingham, presiding with Mr Justice John Edwards and Ms Justice Isobel Kennedy. The matter was adjourned, with the court to deliver its judgement at a later date.
Eamon Ronald Harrison, 23, of Mayobridge, Co Down, was sought by Essex police for 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration after a trailer containing 39 Vietnamese migrants was found dead in an industrial park in Grays, Essex. The trailer, allegedly delivered by Harrison to a Belgian port before its onward journey to Britain, was recorded as "biscuits." The migrants died from lack of oxygen between 8pm and 10pm, with temperatures inside the unit rising to 38.5°C. Harrison's appeal to stop his extradition to the United Kingdom was dismissed by the Court of Appeal, which upheld the High Court's decision. The court found the European Arrest Warrant provided sufficient detail of the alleged acts and that all conditions for surrender were met. Harrison was ordered to be extradited to the UK. The appeal was dismissed, and the order will take effect after 10 days from the judgment.
A Laois truck driver, 41, appealed his 2018 conviction for possession of cocaine for sale or supply. He was found with almost €300,000 worth of cocaine stashed in a fire extinguisher in his cab and in a bag on the trailer of his truck seized at Dublin Port. A jury acquitted him of the trailer drugs but convicted him of the cab drugs, for which Judge Patricia Ryan sentenced him to eight and a half years' imprisonment. The driver denied any knowledge of the drugs and denied making an alleged admission to a customs officer, who had approached him in custody and asked, "So you found the drugs, then?" The appeal argued that the alleged admission was inadmissible because the driver had not been cautioned and that no corroborative evidence supported the claim that he had made the admission. The Court of Appeal has reserved judgment. The unnamed 41-year-old pleaded not guilty.
The High Court ordered the extradition of Ronan Hughes, 40, to the United Kingdom to face 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. Mr Justice Paul Burns rejected Hughes' objection that the alleged offences occurred outside UK territory, ruling that the deaths of 39 Vietnamese nationals occurred within UK territorial waters and that the conspiracy was furthered in the UK. Hughes, from Co Monaghan, is alleged to be the ringleader of an organised crime group that trafficked the migrants. The court ordered his surrender to take effect on June 15, 2020, following a request by Counsel for the Minister for Justice to shorten the usual 15-day period. Hughes was remanded in custody for not more than 15 days. This decision follows his arrest in April 2020 under a European Arrest Warrant. The source text also references a separate Court of Appeal case involving Eamon Ronald Harrison, where judgment was reserved on charges of conspiracy to assist unlawful immigration and acquiring criminal property, and Maurice Robinson, who pleaded guilty to similar charges. However, the primary focus of this report is the High Court's finalisation of Hughes' extradition.
The Court of Appeal has refused the Director of Public Prosecutions' challenge to a suspended sentence imposed on a 78-year-old man convicted of child pornography offences. The man, formerly of Clare Island, County Mayo, was sentenced to two years wholly suspended at Castlebar Circuit Criminal Court in February 2019 after gardaí discovered 586 video clips and 365 images of child sexual abuse material on his laptop in September 2016. The DPP argued the sentence was unduly lenient and failed to adequately consider deterrence. However, the three-judge Court of Appeal panel, presided over by Justice George Birmingham, found the sentencing judge had approached the matter with care and properly considered substantial mitigating factors. These included the man's own experience of serious childhood sexual abuse, his advanced age, his mental health concerns, and the significant consequences he had already faced, including losing his home and long marriage. The court dismissed the appeal, finding the sentence fell within the permissible range.
A 46-year-old man has appealed his sentence for sexually abusing a 13-year-old girl. The defendant, who cannot be named to protect the victim's identity, pleaded guilty to defilement and sexual exploitation of a child and three charges of sexual assault occurring between September 2014 and August 2015. He had six previous convictions, including for sexual assault in 1993. At the Central Criminal Court, Mr Justice White imposed a nine-year sentence, with the final two years suspended. The man argued in his appeal to the Court of Appeal that the sentencing judge placed too much weight on his claim that the girl initiated the contact due to hormonal urges. His barrister, Colman Cody SC, submitted that undue weight was attached to this factor. The court heard evidence that the man had been in a relationship with the girl's mother and that phone analysis confirmed he sent sexualised text messages to her. The survivor stated she initially viewed him as a father figure but later realized the abuse was not normal. The Court of Appeal, presided over by Justice George Birmingham with Justices Kennedy and Ni Raifeartaigh, reserved judgement and will deliver their decision at a later date.
In a case involving a 17‑year‑old who robbed, falsely imprisoned and assaulted three 15‑year‑old boys in St Aidan's Park, Marino, the Court of Appeal reduced his four‑year sentence. The teenager, who was part of a group that forced the boys to hand over phones and money or face stabbing, later kicked and punched one boy. He pleaded guilty to three counts of robbery, two counts of assault causing harm and three counts of false imprisonment. The original sentence, imposed by Judge Martin Nolan on 12 April 2019, was four years' detention. On appeal, the Court of Appeal found that the sentencing judge had erred by not deferring the sentence until after the offender turned 18, which would have allowed part of the term to be suspended.
A 65-year-old Mayo man has appeared before the Court of Appeal to challenge the severity of his sentence for sexually abusing three sisters over an 18-year period beginning in 1976. The man was convicted in October 2017 by a Mayo Circuit Criminal Court jury on 19 counts of indecent assault against one sister and one count each against her two siblings. He received a concurrent seven-year prison sentence. His previous appeal against conviction was refused last month. During today's hearing, his barrister argued that the seven-year term was disproportionate and that the trial judge had erred in principle when assessing the gravity of offences against the middle sister. The barrister submitted the sentencing should have been placed in the mid-range rather than near the top of the scale. The Court of Appeal, presided over by Justice George Birmingham and including Justice John Edwards and Justice Patrick McCarthy, reserved its decision.
In a High Court ruling on 5 June 2020, Mr Justice Charles Meenan ordered Gemma O'Doherty and John Waters to pay the legal costs of the State respondents and notice parties for the two‑day hearing of their application to challenge Covid‑19 laws. The judge said the costs, estimated at a substantial five‑figure sum, were limited to that hearing. The court had previously refused to grant them permission for a full hearing of the High Court. O'Doherty and Waters, who claimed the laws were unconstitutional and brought the action in the public interest, are appealing the dismissal to the Court of Appeal. The judge dismissed their arguments for a protective costs order and for not being penalised because the action was in the public interest, stating they had not engaged meaningfully with the respondents' case and had not provided expert evidence to support their claims of disproportionate or unconstitutional laws.
The Supreme Court has granted declarations to an unnamed woman, who was found not guilty by reason of insanity of violent crimes, regarding the handling of her bid to vary living arrangements during conditional release from the Central Mental Hospital (CMH). The Court overturned lower court decisions, holding that the CMH's Clinical Director was wrong to refuse arrangements to facilitate a variation directed by the Mental Health Review Board. The Court declared that the Director failed to perform a statutory duty and that the Review Board's decision, which balances clinical decisions, patient rights, and public interest, must be put into effect. The Court noted the Director acted in the woman's best interests but that the role of determining how interests are protected lies with the Review Board. The woman, who is now unconditionally released and resides with her family, was not found to be entitled to damages for breach of her constitutional rights. However, the matter was adjourned to a later date to determine whether she is entitled to damages under the ECHR Act. The appeal was heard by a panel including Chief Justice Frank Clarke and Ms Justice Marie Baker, who delivered the judgment.
In 2020 the Court of Appeal reduced a 30‑year restriction on Daniel Wildes, who had assaulted his former partner, Natasha Cummins, to three years. Wildes, aged 33, had been sentenced in 2018 to four years' imprisonment with the final year suspended for three years, on condition he keep the peace and stay away from Cummins for 30 years. The appeal argued the 30‑year order was disproportionate, affecting his rights to associate with his children and enjoy family life. The Court of Appeal quashed the original sentence and re‑sentenced him to four years, suspending the final year for three years, but imposed a three‑year restriction during the suspended period that he must not contact Cummins or cause others to do so, except for his solicitor writing in relation to their children. The court also required him to comply with any probation recommendations for domestic‑violence and anger‑management courses.
In a High Court decision, Gerard Mongan was awarded €35,500 in compensation after being struck by a car driven by his former son‑in‑law, Martin Mongan, on 16 June 2013 outside Mongan's home in Renmore, Galway. The incident followed an argument, and Mongan claimed the vehicle was used as a weapon. The Motor Insurers Bureau of Ireland (MIBI) appealed a lower court ruling that Mongan was entitled to damages, arguing no liability because the driver had not been negligent. The High Court dismissed the appeal, finding that Martin Mongan had driven deliberately and negligently, and that the MIBI was liable under Irish and European law. The judge noted that Mongan's evidence was unconvincing and that the car was indeed driven straight at him, constituting a direct attempt on his life. The court therefore upheld Mongan's claim for damages.
In May 2020 the Court of Appeal dismissed a 53‑year‑old man's appeal against his conviction for sexually assaulting a 13‑year‑old girl during a sleepover. The appeal was based on alleged jury bias, with the defence arguing that jurors had connections to the victim's family and workplace. The Court of Appeal, led by Mr Justice George Birmingham, found no jurisdiction to set aside the verdict and rejected the claim that the jury's composition compromised impartiality. The court noted that the trial judge had directed jurors to disclose any connections, and the defence failed to demonstrate that such connections affected the verdict. The appeal was dismissed, and the original conviction and sentence of three‑and‑a‑half years, with the final year suspended, remained in force.
A 53‑year‑old man appealed his convictions for indecent assault on his younger sisters in the 1980s, arguing that the judge allowed his 'no comment' answers to Gardaí to be presented to the jury. He had pleaded not guilty to five counts against one sister aged 11 or 12 when he was 14 or 15, and denied one count against another sister aged 12 or 13 when he was 18 or 19. The trial, held before the Circuit Criminal Court in Tipperary last June, resulted in a guilty verdict and a sentence of five and a half years, with the final two years suspended. In the appeal, his barrister, Colman Cody SC, claimed the judge erred by admitting the 'no comment' answers, which he said prejudiced the defendant and violated his right to silence. He also argued the sentence failed to give sufficient weight to the defendant's age and good character. The unnamed 53-year-old was found guilty.
John Waters and Gemma O'Doherty have announced they will appeal the High Court's refusal to grant them leave to challenge pandemic laws. The High Court heard their intention to appeal Justice Charles Meenan's decision during arguments about who should pay legal costs, including the State, the Minister for Health and the notice parties. Both applicants argued that the High Court should not order them to pay the State's costs or those of the notice parties, claiming their action was brought in the public interest. The State's counsel said the applicants should pay their costs and rejected the public‑interest argument, noting the regulations were introduced to protect life and public health. The applicants' submissions were rejected as lacking expert evidence, and the judge described the case as unstateable, dismissing the application for leave to appeal. The applicants plan to appeal to the Court of Appeal.
Daniel Wyse, 36, has appealed his conviction for the alleged possession of drugs for sale or supply at Halfway Crossroads, Rathduff, Co. Cork. Wyse was originally charged in February 2014 after Gardaí attempted to stop his vehicle, which subsequently collided with a patrol car after mounting an embankment. A package of heroin, valued at over €37,000, was found in the jeep. Wyse claimed he was unaware of the drugs and was travelling to Limerick to obtain identity papers for his pet Chihuahua. A jury found him guilty, and Judge Seán Ó Donnabháin sentenced him to 10 years in prison in February 2016, suspending the final 18 months. In the current appeal before the Court of Appeal, his counsel, Seamus Clarke SC, argued that the trial judge should have directed an acquittal if it was reasonably possible Wyse did not know of the drugs. He further contended that the judge's charge insufficiently addressed circumstantial evidence and the chain of custody, specifically citing errors in the labelling of the drugs. Clarke also argued that the trial judge should have granted a second senior counsel given the minimum sentence. The State's counsel, Imelda Kelly BL, countered that no requisition regarding circumstantial evidence or labelling was made at trial and that the appointment of senior counsel was discretionary. The matter was adjourned, with the court reserving judgment to be delivered as soon as possible.
Four men were arrested and brought before the High Court for alleged contempt of court orders to vacate repossessed properties at Fairview Avenue, Dublin 3. The properties, acquired by businessman Jerry Beades in 2002, are subject to lengthy proceedings. Everyday Finance DAC, which holds the loans, obtained orders in November 2019 for vacant possession by January 31. In March, the company alleged persons remained in breach. Ms Justice Leonie Reynolds heard the cases of Eamon Hunt, Dean Gilroy, and Polish tradesmen Aleksander Jerzy Wianowski and Michal Grochowicki. Mr Hunt, who had lodged an appeal with the Court of Appeal that was refused a stay, admitted he was aware of the deadline. Mr Gilroy stated he had lived there since February. The two tradesmen, who claimed ignorance of the legal issues, were found in dilapidated conditions. After the judge outlined the seriousness of the situation and the possibility of incarceration, all four men gave sworn undertakings not to return to the properties. Arrangements were made for the return of their personal belongings, and the tradesmen were relocated to Co Meath. The matter was effectively resolved through these undertakings. Separate contempt proceedings against Mr Beades, who denies breaching orders, were previously adjourned due to the pandemic and will return before the court at a later date.
In a first‑ever Irish case of its kind, a 37‑year‑old father was sentenced to five‑and‑a‑half years' imprisonment for the genital mutilation of his one‑year‑old daughter, with a concurrent three‑year child‑cruelty sentence. He pleaded not guilty to both charges. The father, originally from an African nation, is appealing his conviction and sentence. His solicitor applied to the Court of Appeal for a copy of the digital audio recording of the father's trial evidence, which the Court of Appeal granted. Judge Elma Sheehan noted that the offence carries a maximum sentence of 14 years and described the act as a severe, invasive procedure performed without medical justification. She emphasised the lack of remorse and the premeditated nature of the crime, and highlighted the impact on the child's future. The father's appeal is now pending.
Seamus Marley, a 46‑year‑old Belfast native, was sentenced in May 2020 at the Central Criminal Court for raping two teenage boys in County Louth in the early 1990s. He was found guilty on six counts of sexual assault and two counts of rape after a six‑day trial and received concurrent seven‑year and six‑year sentences. Marley had filed for an appeal outside the 28‑day period normally required to lodge an appeal. His counsel, Michael Bowman SC, applied to the Court of Appeal for a date to hear a motion to extend the time for the appeal. The Court of Appeal set 25 June for the hearing, which will last 30 minutes, and the Director of Public Prosecutions will contest the application. The case remains at the appeal stage.
The Court of Appeal heard an appeal against the conviction of an unnamed 51-year-old man, who was found guilty by a Central Criminal Court jury of 22 counts of sexual abuse, oral rape, child sexual exploitation, and attempted rape. The offences were alleged to have occurred in a Dublin home between October 2009 and July 2011, when the complainant was aged 13 to 15. On January 14, 2019, Ms Justice Tara Burns sentenced him to 12 years imprisonment, with the final six months suspended. The appellant's counsel, Mr Giollaíosa Ó Lideadha SC, argued that the prosecution failed to explain how the complainant did not notice three plastic penis implants, claiming this created a fundamental gap in the evidence. He also contended that the trial judge erred in refusing to direct the jury on the presumption of innocence and the dangers of uncorroborated evidence. In reply, DPP counsel Dominic McGinn SC stated that the discrepancy was a matter for the jury, who had viewed photographs of the implants, and that the judge's charge was adequate. The appeal was heard by video-link before President Mr Justice George Birmingham, Mr Justice Patrick McCarthy, and Ms Justice Una Ni Raifeartaigh. The court reserved its judgement, meaning the matter was adjourned and not concluded.
Gavin Sheehan, aged 33, was convicted of shooting Ciara Sheehan in the neck through a house window in Cork on 15 May 2016. He was found guilty of possession of a firearm and ammunition, reckless discharge of a firearm and assault causing serious harm. Judge Seán Ó Donnabháin sentenced him to 14 years' imprisonment on 14 February 2017, suspending the final three years. Sheehan appealed, arguing the case relied on circumstantial evidence, lacked forensic links between the bullet and the gun, and that a bullet casing was found several houses away. He also cited time discrepancies on CCTV, a 999 call and Garda arrival, and claimed the trial judge wrongly refused his lawyers to speak off‑record. The Court of Appeal, led by Justice John Edwards, found no miscarriage of justice, upheld the conviction and dismissed the appeal, noting only an error in the trial judge's refusal to allow off‑record counsel. The conviction remains affirmed.
In January 2020, a 29‑year‑old Italian man was sentenced to two and a half years in prison for sexually assaulting his flatmate while she slept on a couch in their Dublin home. He pleaded guilty to the offence committed on 28 April 2018. The Court of Appeal reserved judgement, noting that a decision could have been reached more quickly if the judges had been able to debate in person rather than remotely. The three judges will deliver their judgement at a later date. The sentencing court had heard that the victim and defendant had become friends after she began sharing a flat with him. On the night in question, the victim fell asleep on the couch next to the defendant and awoke to find him sexually assaulting her. She described the assault as a traumatic event that had taken her dignity and femininity.
A man convicted of stabbing a friend seventeen times with scissors in Letterkenny has failed in his appeal against an eight-and-a-half year prison sentence. Kenneth Broe was found guilty of assault causing serious harm following an incident on October 9, 2008, in which the victim sustained multiple wounds to the neck, head, and chest and required two life-saving operations. The Court of Appeal dismissed Broe's challenge to the sentencing decision, upholding the original ten-year term with eighteen months suspended imposed by the Circuit Court in May 2018. The court found the sentencing judge had properly exercised discretion in opting for part-suspension rather than outright reduction, citing rehabilitation efforts as justification. Broe had fled to County Monaghan following the attack and was apprehended with cocaine in his possession. The three-judge panel noted his continued progress in custody and encouraged further reformation.